Houdaille Industries, Inc. v. Cunningham

I respectfully dissent from that part of the opinion of the majority which holds that a photograph is not a written communication and protected from discovery by the provisions of Rule 167. The majority opinion does not disclose whether it reaches its conclusion because a photograph is not written or because it is not a communication or both. Its only treatment of the subject is contained in its holding: “We hold that photographs are not written communications and are not within the terms of the Rule 167 proviso.”

The word, “photograph,” is a joinder of the Greek words, “photo,” meaning light…